HomeMy WebLinkAbout2007/02/21 - Minutes
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February 21, 2007
City Council Meeting - RANCHO CUCAMONGA
CITY COUNCIL CLOSED SESSION MINUTES
A. 5:30 P.M. - CLOSED SESSION CALL TO ORDER - TAPIA
ROOM
The Rancho Cucamonga Redevelopment Agency held a closed session on Wednesday,
February 21, 2007, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive,
Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Chairman
Donald J. Kurth, M.D.
Present were Agencymembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Vice
Chairman Diane Williams, and Chairman Donald J. Kurth, M.D.
Also Present were: Jack Lam, Executive Director; Pamela Easter, Assistant City Manager;
James Markman, Legal Counsel; and Linda D. Daniels Redevelopment Director.
* * * * * *
B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
Chairman Kurth announced the closed session item.
1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF
FOOTHILL BOULEVARD AND HERMOSA AVENUE, LINDA D. DANIELS, RDA DIRECTOR,
NEGOTIATING PARTY - RDA
* * * * * *
C. PUBLIC COMMUNICATIONS ON CLOSED SESSION
ITEM(S)
No one was present to comment on the closed session item.
* * * * * *
D. CONDUCT OF CLOSED SESSION
The closed session began at 5:30 p.m.
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E. CITY MANAGER ANNOUNCEMENTS
* * * * * *
F. RECESS
The closed session adjourned at 6:48 p.m. with no action taken.
* * * * * *
G. REGULAR MEETING
CALL TO ORDER - 7:00 P.M.
COUNCIL CHAMBERS
A regular meeting of the Rancho Cucamonga, Redevelopment Agency, Fire Protection District
and City Council was held on Wednesday, February 21, 2007, in the Council Chambers of the
Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California.
Chairman/President/Mayor Donald J. Kurth, M.D. called the meeting to order at 7:03 p.m.
Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, L. Dennis
Michael, Sam Spagnolo, Vice Chairman/Vice President/Mayor Pro Tem Diane Williams and
Chairman/President/Mayor Donald J. Kurth, M.D.
Also present were: Jack Lam, Executive Director/City Manager; Pamela Easter, Assistant City
Manager; James Markman, Legal Counsel/City Attorney; Marcia Godwin, Assistant to the City
Manager; Kimberly Thomas, Management Analyst III, Fabian Villenas, Management Analyst III;
Linda D. Daniels, Redevelopment Director/Acting Administrative Services Director; Sunil Powaku,
Information Systems Analyst; Jose Ramirez, Information Systems Specialist; Mahdi Aluzri,
Deputy City Manager/Community Development; Joe O’Neil, City Engineer; Erica Darplee,
Management Analyst II; James Troyer, Planning Director; Mike Diaz, Sr. Planner; Daniel Correa,
Planning Technician; Trang Huynh, Building and Safety Official; Kurt Keating, Code Enforcement
Supervisor; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst
III; Deborah Clark, Library Director; Joe Pulcinella, Animal Care and Services Director; Captain
Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire
Protection District; Shirr’l Griffin, Office Specialist II; and Debra J. Adams, Assistant
Secretary/Secretary/City Clerk.
* * * * * *
H. ANNOUNCEMENTS/PRESENTATIONS
Mayor Kurth welcomed Boy Scout Troop 628.
1. Introduction of new police officers.
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Captain Pete Ortiz introduced the new officers assigned to the Rancho Cucamonga station.
He asked each new officer introduce themselves and tell about their background.
* * * * * *
I. PUBLIC COMMUNICATIONS
I1. Jerie Lee stated it has been almost a year since Al Flores asked for a larger exercise room
and more equipment at the Senior Center. She felt rentals of the rooms should come after the
seniors are taken care of so they can have the space they need to exercise. She stated she
didn’t understand why this is such a fight to get this. She asked that the Council direct the staff to
set rentals aside and take care of the seniors. She felt the special meeting of February 12th
should have been announced at a prior meeting so the public is aware of this. She hoped the
Council will take her seriously.
I2. Phillip Huynh asked for donations from the Council and the community to support him so he
can travel to Holland to play soccer. He said he will be representing Rancho Cucamonga. He
stated the trip is in July and that he is trying to raise $2000. He told people to contact him at
phi1994@aol.com if they care to donate. He stated he will be with players from around the world,
and that he was invited to play because of his soccer skills.
I3. John Lyons of Etiwanda stated today is Ash Wednesday and that this is a sacred day in the
Catholic religion. He stated last week he went to the Tulare Farm Show and commented what
took place at this show. He mentioned the Freedom’s Flame being in Rancho Cucamonga, and
hoped that this will be left in Central Park. He felt this would be a landmark for the future, and felt
this would be a great thing to have on the west coast because it would showcase Rancho
Cucamonga. He felt there needed to be a street called "Maxwell" at the stadium and talked about
Jack Benny being associated with the Rancho Cucamonga.
I4. Chris Church thanked the Council on behalf of Rancho Cucamonga High School and felt the
Council did a great job running the City. He stated they are interested in Freedom’s Flame.
I5. Robert Cardoza stated he has been a resident for many years. He felt there has been a lot of
progressive changes in the City which have benefited the community. He wanted to talk about
fiber optic and cable television. He talked about the progress that has been made in this field to
provide better service to him at home. He felt fiber optics will benefit his children and
grandchildren. He felt people need choices in providers. He felt fiber optics and competitive
cable bidding was very important for the future.
I6. Kathy Tiegs, Cucamonga Valley Water District (CVWD) Boardmember, stated on behalf of
the Board she wanted to thank the community for its support of the water shut down and also
thanked the City for its support.
* * * * * *
J. AGENCY/FIRE BOARD/COUNCIL RESPONSES TO
PUBLIC COMMENTS
Mayor Pro Tem Williams asked that the Phillip Huynh give his address to the City Clerk in case
anyone wanted to donate for his soccer trip to Holland.
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K. CONSENT CALENDAR - REDEVELOPMENT AGENCY
K1. Approval of Check Register dated January 31 through February 13, 2007, for the total
amount of $803,323.81.
K2. Approve to receive and file current Investment Schedule as of January 31, 2007.
K3. Approval of an agreement between the Redevelopment Agency and Keyser Marston
Associates (RA 07-001) to evaluate the technical financial issues associated with the creation of
a workforce housing ordinance and an appropriation of $22,000 ($20,000 plus 10% contingency)
to Redevelopment Agency Acct. No. 2622801-5300 from Fund 622 Reserves.
K4. Approval of a Resolution authorizing the destruction of Agency records pursuant to
California Government Code Section 34090, the Agency’s Records Retention Schedule, and
other applicable legal citations.
RESOLUTION NO. RA 07-001
A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF AGENCY RECORDS
WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT
CODE SECTION 34090 AND OTHER APPICABLE LEGAL REFERENCES
MOTION: Moved by Gutierrez, seconded by Williams to approve the staff recommendations in
the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0.
* * * * * *
K. CONSENT CALENDAR - FIRE PROTECTION DISTRICT
K5. Approval of Minutes: December 15, 2006 (special team-building meeting), January 12 &
13, 2007 (special team-building/goal-setting meeting), January 17, 2007 (regular meeting)
K6. Approval of Check Register dated January 31 through February 13, 2007, for the total
amount of $99,870.41.
K7. Approval to receive and file current Investment Schedule as of January 31, 2007.
K8. Approval of a Resolution declaring results of a Special Election in Community Facilities
District No. 85-1, Annexation No. 06-6 (Huntec Development, Inc. - SUBTT18139).
RESOLUTION NO. FD 07-004
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE
RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1,
ANNEXATION NO. 06-6
K9. Approval of a Resolution declaring results of a Special Election in Community Facilities
District No. 85-1, Annexation No. 06-11 (Rancho Plaza Partnership, LLC - APN: 0201-811-56).
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RESOLUTION NO. FD 07-005
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE
RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1,
ANNEXATION NO. 06-11
K10. Approval of a Resolution declaring results of a Special Election in Community Facilities
District No. 85-1, Annexation No. 06-12 (Bahman Sepehrnia - SUBTT16788)
RESOLUTION NO. FD 07-006
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE
RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1,
ANNEXATION NO. 06-12
K11. Approval of a Resolution declaring results of a Special Election in Community Facilities
District No. 88-1, Annexation No. 88-06-1 (Toll Brothers - SUBTT12332-2)
RESOLUTION NO. FD 07-007
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE
RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 88-1,
ANNEXATION NO. 88-06-1
K12. Approval to adopt a boundary map showing property within SUBTT17455 (KB Home
Greater Los Angeles, Inc.), located on the northeast corner of Madrone Avenue and 9th Street to
be annexed into CFD No. 85-1.
RESOLUTION NO. FD 07-008
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING A
BOUNDARY MAP (ANNEXATION NO. 07-1) SHOWING PROPERTY TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 85-1
K13. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation
No. 07-1 (SUBTT17455; KB Home Greater Los Angeles, Inc.), into Community Facilities District
No. 85-1, specifying facilities and services provided, to set and specify the special taxes to be
levied within the annexation and set a time and place for a public hearing related to the
annexation.
RESOLUTION NO. FD 07-009
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS
INTENTION TO AUTHORIZE THE ANNEXATION TO TERRITORY (ANNEXATION NO. 07-1)
TO COMMUNITY FACILITIES DISTRICT NO. 85-1
K14. Approval of a Communications Facility Lease Agreement between New Los Angeles
SMSA Limited Partnership, dba Verizon Wireless (FD 07-004), and Rancho Cucamonga Fire
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Protection District for the placement of a Monopine and for installation of a Communication
Service Facility at Fire Station No. 175, 11108 Banyan Street.
K15. Approval of a Resolution authorizing the destruction of Fire District records pursuant to
California Government Code Section 34090, the District’s Records Retention Schedule, and other
applicable legal citations.
RESOLUTION NO. FD 07-010
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF DISTRICT RECORDS WHICH ARE NO LONGER REQUIRED AS SET
FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE
LEGAL REFERENCES
MOTION: Moved by Williams, seconded by Michael to approve the staff recommendations in the
staff reports contained within the Consent Calendar. Motion carried unanimously 5-0.
* * * * * *
K. CONSENT CALENDAR - CITY COUNCIL
K16. Approval of Minutes: February 5, 2007 (special meeting re future city parks)
REMOVED FOR DISCUSSION BY COUNCILMEMBER SPAGNOLO.
K17. Approval of Check Register dated January 31 through February 13, 2007, and payroll
ending February 13, 2007, for the total amount of $3,146,726.82.
K18. Approval to receive and file current Investment Schedule as of January 31, 2007.
K19. Approval of Amendment to the CDBG Budget for Fiscal Year 2006-2007authorizing an
appropriation of $101,145.08 to Acct. No. 1204314-5650-1230-204 for the Home Improvement
Program.
K20. Approval to reject all bids received for the FY 2006/2007 Local Street Pavement
Rehabilitation - Cape Seal of Various Streets as non-responsive to the needs of the City, and
approval to authorize the advertising of the "Notice Inviting Bids" for the FY 2006/2007 Local
Street Pavement Rehabilitation - Overlay of Various Streets, to be funded from Proposition 42.
RESOLUTION NO. 07-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE FY 2006/2007 LOCAL
STREET PAVEMENT REHABILITATION - OVERLAY OF VARIOUS STREETS IN SAID CITY
AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS
K21. Approval to summarily vacate and quitclaim excess portion of La Grande Street at the
southwest corner of Cameo Street by Brian and Dawn Murphy and Bruce Alvarez. Related File:
Vacation 205.
RESOLUTION NO. 07-043
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ORDERING THE SUMMARILY VACATION OF EXCESS STREET EASEMENT
OF LA GRANDE STREET AT THE SOUTHWEST CORNER OF CAMEO STREET, V-205 -
APN: 202-284-01 & 202-285-07
RESOLUTION NO. 07-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, FINDING THAT SAID LOT A MORE PARTICULARLY DESCRIBED HEREIN, TO
BE UNNECESSARY AND RESTRICTIVE AND AUTHORIZING AND DIRECTING THE CITY
ENGINEER TO EXECUTE THOSE CERTAIN QUITCLAIM DEEDS, COPIES OF WHICH ARE
ATTACHED HERETO AS EXHIBIT "A," AND TO CAUSE THE SAME TO BE RECORDED
K22. Approval of Amendment No. 6 to the Amended and Restated Lease Agreement between
the City of Rancho Cucamonga and Valley Baseball, Inc., relating to Annual City Sponsored July
4th Fireworks Show at the Epicenter Stadium.
K23. Approval and execution of Amendment No. 2 to SANBAG Contract No. 04-052 between
the San Bernardino Associated Governments and the City of Rancho Cucamonga for work
relating to Route 210 construction.
K24. Approval of a Master Plan Transportation Facility Reimbursement Agreement (SRA-50)
(CO 07-022) for construction of "Backbone" improvements to Jack Benny Drive from Rochester
Avenue to Day Creek Channel in connection with development of DRC2003-00732, submitted by
the Bates Company.
RESOLUTION NO. 07-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING A MASTER PLAN TRANSPORTATION FACILITY
REIMBURSEMENT AGREEMENT (SRA-50) FOR THE INSTALLATION OF "BACKBONE"
IMPROVEMENTS TO JACK BENNY DRIVE FROM ROCHESTER AVENUE TO DAY CREEK
CHANNEL
K25. Approval to accept the bids received and award and authorize the execution of the
contract in the amount of $3,424,780.55 to the apparent low bidder, Sully-Miller Contracting
Company (CO 07-023), for the base bid and all alternatives, and authorize the expenditure of a
10% contingency in the amount of $342,478.05 for the Pacific Electric Inland Empire Trail
Construction - Phases II and III, to be funded from Beautification Funds, Account No.
11103165650/1519110-0; Ped Grant Art 3 Funds, Account No. 12143035650/1519214-0; Park
Development Fund, Account No. 11203055650/1519120-0; General Fund, Account No.
10013075650/1519001-0; Beautification Fund, Account No. 11103165650/1520110-0; Capital
Reserves Fund, Account No. 10250015650/1520025-0 and BTA Funds, Account No.
11923035650/1520192-0 and appropriate additional amounts of $100,000.00 to Account No.
11103165650/1519110-0 from Beautification Fund balance; $1,000,000.00 to Account No.
11203055650/1519120-0 from Park Development Fund balance; $1,167,050.00 to
10013075650/1519001-0 from General Fund balance and $100,000.00 to Account No.
11103165650/1520110-0 from Beautification Fund balance.
REMOVED FOR DISCUSSION BY MAYOR PRO TEM WILLIAMS.
K26. Approval of a Reimbursement Agreement (SRA-49) (CO 07-024) for traffic signal
installation at 4th Street and Richmond Place, in conjunction with the development of Parcel Map
16300, located north of 4th Street between Pittsburgh Place and Richmond Place, submitted by
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Tharaldson Development Company, to be funded from Transportation Acct. No. 1124303-
5650/1026124-0.
RESOLUTION NO. 07-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR TRAFFIC SIGNAL
INSTALLATION (SRA-49) AT THE INTERSECTION OF 4TH STREET AND RICHMOND PLACE
K27. Approval of recommendation for the public hearing noticing distance for Project PRJ2006-
00094 (DRC2006-00223, DRC2006-00341, DRC2006-00350, DRC2007-00029, Tentative Tract
SUBTT18179) at Foothill Boulevard and Grove Avenue.
K28. Approval of Parks, Recreation Facilities and Community Services Update.
REMOVED FOR DISCUSSION BY MAYOR PRO TEM WILLIAMS.
K29. Approval to release Maintenance Guarantee Bond No. N0558981P in the amount of
$109,771.51 for the Foothill Boulevard Storm Drain Improvements from Ramona Avenue to
Hermosa Avenue, Contract No. 05-059.
MOTION: Moved by Williams, seconded by Gutierrez to approve the staff recommendations in
the staff reports within the Consent Calendar with the exception of item K16, K25 and K28.
Motion carried unanimously 5-0.
DISCUSSION OF ITEM K16. Councilmember Spagnolo stated he would be abstaining from
voting on the minutes because the tape recording was not done to substantiate the minutes.
MOTION: Moved by Williams, seconded by Gutierrez to approve item K16. Motion carried 4-0-
0-1 (Spagnolo abstained).
DISCUSSION OF ITEM K25. Mayor Pro Tem Williams asked for a staff report on this item.
Joe O'Neil, City Engineer, presented a staff report on item K25.
MOTION: Moved by Williams, seconded by Gutierrez to approve item K25. Motion carried
unanimously 5-0.
DISCUSSION OF ITEM K28. Mayor Pro Tem Williams asked how someone would find out about
an event to take place at the Playhouse that is sponsored by an organization that is renting this
facility.
Kevin McArdle, Community Services Director, stated if whoever rents the Playhouse asks the City
to sell their tickets, it will be on our website, but that typically we do not market for an outside
rental activity.
Mayor Pro Tem Williams stated everything is a success and felt if we find it is a good program
that we might want to include it in our regular program the following year.
Kevin McArdle, Community Services Director, stated we could provide the tenant a media
package to suggest ways to market their program.
Mayor Pro Tem Williams felt that was a good idea.
MOTION: Moved by Williams, seconded by Gutierrez to approve item K28. Motion carried
unanimously 5-0.
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* * * * * *
L. CONSENT ORDINANCES
No items submitted.
* * * * * *
M. ADVERTISED PUBLIC HEARINGS CITY COUNCIL
M1. CONSIDERATION OF RESOLUTIONS AMENDING ANIMAL CARE AND SERVICES
FEES AND PROVIDING FEE FLEXIBILITY
RESOLUTION NO. 07-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING EXHIBIT A TO RESOLUTION NO. 06-142, AND ADDING AND
REVISING CERTAIN ANIMAL CARE AND SERVICES FEES
RESOLUTION NO. 07-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AUTHORIZING THE CITY’S ANIMAL CARE AND SERVICES DIRECTOR TO
TEMPORARILY LOWER CERTAIN FEES APPLICABLE TO THE CARE AND DISPOSITION OF
ANIMALS WITHIN THE CITY
A staff report was presented by Marcia Godwin, Assistant to the City Manager.
Mayor Kurth opened the meeting for public hearing. There being no response, the public hearing
was closed.
MOTION: Moved by Michael, seconded by Williams to approve Resolution Nos. 07-047 and 07-
048. Motion carried unanimously 5-0.
M2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND HOUSING INCENTIVE
AGREEMENT FOR EAST RANCHO VERDE VILLAGE DRC2006-00916 - PITASSI
ARCHITECTS - Review of proposed Housing Incentive Agreement to implement Development
Review DRC2005-01060 by modifying certain development standards for the construction of 40
workforce apartment units on vacant property in Medium-High Residential District (14-24 dwelling
units per acre), located immediately east of the existing Rancho Verde Village multiple-family
residential development at the southerly terminus of Sierra Madre Avenue - APN: 0207-254-67
and 68. Related files: Development Review DRC2005-01060.
RESOLUTION NO. 07-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING AN AFFORDABLE HOUSING INCENTIVE AGREEMENT
DRC2006-00916, TO IMPLEMENT DEVELOPMENT REVIEW DRC2005-01060 BY MODIFYING
CERTAIN DEVELOPMENT STANDARDS FOR THE CONSTRUCTION OF 40 WORKFORCE
APARTMENT UNITS ON THE VACANT PROPERTY IN MEDIUM-HIGH RESIDENTIAL
DISTRICT (14-24 DWELLING UNITS PER ACRE), LOCATED IMMEDIATELY EAST OF THE
EXISTING RANCHO VERDE VILLAGE MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT AT
THE SOUTHERLY TERMINUS OF SIERRA MADRE AVENUE - APN: 0207-254-67 AND 68,
AND MAKING FINDINGS IN SUPPORT THEREOF
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A staff report was presented by Mike Diaz, Sr. Planner.
Mayor Kurth opened the meeting for public hearing. Addressing the City Council were:
Curtis Dally, Pitassi Architects, stated they are here to answer any questions the Council has. He
stated Leslie Edwards with Southern California Housing is also present to answer any questions.
James Blocker felt the 40 units will have an impact on schools and didn’t know if an impact study
has been done on this. He felt part of this project should be set aside for senior housing. He felt
the other half of that should be set aside for adult only. He stated the east side of the property
has 6’ high walls and are an eyesore. He stated the northern side of the property has 6’ high
walls and are also an eyesore along the alley. He stated they would like to see this raised to 8’
and have ivey planted to cover the walls from the graffiti. He stated right now there is a space
where they could have planted landscaping on the east side of the wall and would like for them to
put up a bond to be sure they maintain the outer walls with decent landscaping. He felt the
developer should pay for gates to go down the alley for more protection.
There being no further input, the public hearing was closed.
Councilmember Gutierrez asked what will be the forum where Mr. Blocker’s concerns are
addressed.
Alfredo Esmatuich with SoCal Housing stated they have already had two community meetings
and that quite a few of these comments have already been addressed. He stated the complex is
going to have the higher walls and that the alleyway is not their property, that it is public domain.
He stated they would be happy to work with the City to address that. He stated they are happy to
work with the residents on their concerns.
Councilmember Williams asked that we look into conditioning this to have public access
type gates for emergency access.
Councilmember Spagnolo asked if they could also do something for the existing wall that is there
to mitigate some of the problems that are being talked about.
Mr. Esmatuich stated from what he gathered from the community meetings is that they are talking
about the eastern wall, which is along where the dirt lot was and that with the new development
you will have the walls around the existing development and the new development which would
correct that problem.
James Markman, City Attorney, stated it has been 20 years since the Council had any authority to
take into consideration impact on school districts and the planning process that is taken care of
by the fact they will have to pay school fees for every square foot of construction of this project.
He stated when the school district statewide agreed to have the discretion to levy fees they also
agreed that planning authorities (land use entitlement authorities) could not solve their problems
for them. He stated the schools have to take care of their own situation by applying the fees. He
stated secondly, senior housing, is now restricted with the use of redevelopment funds by
demographics. He stated this means you are now allowed to put all of your money in the low to
moderate units that service seniors unless it is commensurate with the proportion of seniors you
have in the community. He stated this is an effort to take care of work force housing, which is
people with families. He stated finally, if you want an adult only complex as was suggested, that
this only works if you build it so that it has physical features that are geared to servicing adults
which is very expensive. He stated this would not meet staff’s objective of providing work force
housing.
Councilmember Michael felt SoCal Housing should work with the neighborhood and
accommodate as many of their concerns as possible.
Mr. Esmatuich stated absolutely and that there will be a new community clubhouse built to
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accommodate existing residents as well as this project also.
Councilmember Gutierrez suggested a room at this facility be named after "Okie" Aubrey
Campbell because of his connection with the City in prior years.
Mr. Esmatuich stated they would consider this and would work with the City.
Mr. Blocker stated the problem is not just the vacant lot on the east side, but the whole alleyway
on the north side, a 6’ fence, to raise that two more feet, and to plant ivey to hide the wall.
MOTION: Moved by Michael, seconded by Spagnolo to approve Resolution No. 07-049. Motion
carried unanimously 5-0.
* * * * * *
N. PUBLIC HEARINGS
No items submitted.
* * * * * *
O. CITY MANAGER’S STAFF REPORTS
1. DISCUSSION OF POLITICAL SIGN ORDINANCE
A staff report was presented by James Troyer, Planning Director.
Councilmember Gutierrez stated he asked this to be placed on the agenda. He asked if any of
the cities we polled have any type of fines if violations of their sign ordinance occur.
James Markman, City Attorney, stated any violation of the code is an infraction for which you
could get a fine. He stated the problem is they all suffer from the same problem and that none of
them deal with the other type of signage that is in the right-of-way, which is commercial signage,
real estate signs and other commercial signs, and municipal signs, public interest signs, as the
City of Rancho Cucamonga has with its banner program and other signs when it has city
events. He stated he feels he has samples of regulations that are enforceable, but all commercial
signs would have to meet the same standards as far as putting them up, the size and so many
signs per block, etc.
Councilmember Gutierrez stated the night before the election it got crazy and that the entire City
was full of color everywhere. He felt there should be some teeth to the ordinance in case some of
the candidates do not follow the regulations. He felt some type of fine or something like that
should be implemented. He stated he would be willing to work with another Councilmember on
this issue.
Councilmember Spagnolo felt the City Attorney should be present so we don’t step on the toes of
the business community. He stated he would be happy to work with Councilmember Gutierrez
and the City Attorney on this.
Councilmember Michael felt the political sign issue has become more of a competition than
anything, and felt the number of signs that can be placed in any one area should also be
considered to save the candidate money and save the blight. He also felt it would be a good idea
to have a candidate sign an affidavit that they have read and agree to the sign regulations.
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James Markman, City Attorney, stated you could not make this a condition to their candidacy.
Councilmember Williams felt the size of signs should be considered so they are not so large. She
stated she also does not care for the signs advertising things at the Fairplex and convention
center either. She felt the size and number of signs on private property should also be looked at.
She stated she supported the subcommittee looking at this. She did not want this to harm the
business community by these regulations. She stated if we start talking about the whole sign
ordinance she wanted to make sure that building addresses are visible from the street and felt
this was very important.
Councilmember Michael wanted to be sure what is proposed is enforceable and would withstand
any legal challenge.
Mayor Kurth stated he is glad we do have that freedom of expression in this country. He stated
he wasn’t sure there is a perfect ordinance, and was glad that Councilmembers Spagnolo and
Gutierrez will work on this. He concurred that Councilmembers Spagnolo and Gutierrez would
serve as an ad hoc committee to work on this issue.
* * * * * *
P. COUNCIL BUSINESS The following items have been
requested by the City Council for discussion.
1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Councilmember.)
Councilmember Spagnolo talked about an event the City hosted for a conference of California
historical societies at the Rains House. He mentioned that Joyce Womack recently passed away,
and added that she was on the Library Board. He asked that we adjourn in her memory.
Councilmember Gutierrez stated Ms. Womack taught third grade to his daughter and was a great
influence on her. He was sorry to hear of her passing. He stated he would also like to adjourn in
memory of Frank Stickney’s wife, Dee Stickney, who also just passed away. He stated he went
on a tour of the Bass Pro Shops and added what an incredible facility this is. He stated it is a
huge facility and will definitely be a showcase in the City. He stated he is behind in answering
requests from residents but is trying very hard to catch up.
Councilmember Michael mentioned the special meetings held on February 12 regarding the
animal facility and also a joint meeting with the Planning Commission. He stated if anyone wants
to be notified of special meetings, all they have to do is contact the City Clerk’s office and provide
their contact information and they will receive future notifications. He stated this Friday, February
23, is Black History Month with a celebration at the Paul Biane Library. He stated a great
program is scheduled for Friday, February 23 from 7:00 - 9:00 p.m. He also expressed his
condolences for Joyce Womack and Dee Stickney and agreed we should adjourn in their
memory.
Councilmember Williams also agreed about adjourning in the memory of Joyce Womack and Dee
Stickney. She expressed her thanks to those that work in the Sheriff’s Reserves. She felt Bass
Pro will be fabulous. She stated the friends of the Pacific Electric Trail will be hosting a 21 mile
bike-a-thon promoting the Pacific Electric Trail and that it will be held at 7:30 a.m. at REI
on Saturday, May 12th.
Mayor Kurth sent his condolences to the Womack’s and Stickney’s and agreed with adjourning in
their memory. He stated the City staff is wonderful and felt we have one great hard working
Council. He stated it is a pleasure to be here.
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2. DISCUSSION OF GARAGE/YARD SALE REGULATIONS
A staff report was presented by Kurt Keating, Code Enforcement Supervisor.
Councilmember Gutierrez stated he doesn’t want to create a lot of regulations, but does have a
concern about those that have a garage sale every week or every month. He stated he would be
happy to make this part of the political sign subcommittee if the Mayor desired.
Councilmember Michael asked if it would impact staff if more restrictions are imposed.
Kurt Keating, Code Enforcement Supervisor, stated it would have an impact on the staff.
Councilmember Michael asked if we have a regulation limiting the number of yard sales someone
can have during a certain period of time.
Kurt Keating, Code Enforcement Supervisor, stated we do not have this, but since there is 7-day
coverage by Code Enforcement, they could check on any complaints that are received.
James Markman, City Attorney, stated you could better control the number of yard sales through
an ordinance.
Mayor Pro Tem Williams stated she would also be willing to look at the number of yard sales one
can have during a certain period of time. She felt a permit system might have an impact on staff
and did not agree with this.
ACTION: The Council agreed that Councilmembers Gutierrez and Spagnolo will also work on
this issue along with the Political Sign Issue previously discussed.
Councilmember Spagnolo asked about those people that store their items in public view, before
and after their sale, and asked if we have any regulations to enforce this so it is not a nuisance to
the neighborhood.
Kurt Keating, Code Enforcement Supervisor, stated we already have ordinances that would
prohibit storage of items in public view.
Mayor Kurth opened the item for public input. Addressing the City Council were:
Luella Hairston thanked the Council for getting back to this issue so quickly. She did not feel
permits should be required, but did agree there should be a limitation on the number of yard sales
one can have. She stated she appreciates the City is taking this seriously and will try to do
something about it.
Jim Moffatt didn’t understand why you can pass an ordinance for yard sales, and why it was so
hard to pass an ordinance on political signs. He felt candidates already do sign something stating
they will abide by the rules. He stated if a sign is illegally put up, they should be fined, the sign
taken away, and not given back to the candidate. He felt a political sign ordinance should be
developed and made to stick.
A recess was taken at 8:58 p.m. and called back to order at 9:10 p.m. with all members present.
3. PRESENTATION BY VERIZON ON PROPOSED "FIBER TO THE PREMISES" (FTTP)
PROJECT AND RELATED "FIOS" SERVICES (Oral)
A power point presentation, which is on file in the City Clerk’s office, was given by Gary George of
Verizon. Before his presentation, Mr. George stated that Chino Hills does have a good political
sign ordinance and encouraged Rancho Cucamonga to contact them.
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After the presentation, questions were asked of Mr. George.
James Markman, City Attorney felt if the boxes are to go in above ground they should be
landscaped because of the standards Rancho Cucamonga has. He stated if there is some type
of licensing process, which he felt there was, that we would expect Verizon to make Rancho
Cucamonga the most favored City so that upgrades in their technology and equipment will go in
Rancho Cucamonga.
Councilmember Michael felt it was important that Verizon work with staff on this project.
Mr. George stated he is asking the Council to work with them to get the appropriate permits so
they can proceed.
Councilmember Michael stated if they are to be above ground, he would like for City staff to
have a say in the location.
James Markman, City Attorney, felt they should also be screened with landscaping and that the
Council wants state-of-the art aesthetics. He stated the City would like a letter so that if there is
a way to put them underground, that Rancho Cucamonga’s will be put underground.
Jack Lam, City Manager, stated we have asked for a map to show the location of the boxes.
Councilmember Michael felt they should be creative and come up with something that will
camouflage the boxes.
Mayor Pro Tem Williams asked what the service includes and the cost.
Mr. George stated it would be under a $100 to hook up everything.
Joe O’Neil, City Engineer, stated staff is willing to work with Verizon.
Mr. George stated they are willing to work with staff, which would include the location of the
boxes.
Another representative from Verizon stated they need to get with Engineering to see where the
boxes can be placed and would like to do this as soon as possible.
Councilmember Michael asked that Engineering work directly with Verizon once the work is
started so they can keep up with inspections, etc. as their work progresses.
Councilmember Gutierrez stated he would still like to see a picture of every location.
A Verizon representative stated they can probably provide a rough idea of every location for the
Council’s review through a map.
Joe O’Neil, City Engineer, stated they will provide pictures once the locations have been
determined.
Councilmember Michael asked if they would be working with residents and providing then a door
hanger with information about this installation.
Mr. George stated yes.
Joe O’Neil stated door hangers are not enough in Rancho Cucamonga. He stated they will work
on a good public relations program.
Mayor Pro Tem Williams felt we should educate people about this as much as possible.
Mayor Kurth opened the item for public comment. Addressing the City Council were:
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Sonny Mariano stated he is not satisfied with his current cable provider and didn’t think he was
getting adequate service for cable television or internet service. He stated he would like this new
service very much and would be glad to have the choice in providers. He felt residents would
appreciate the choice.
John Lyons felt what we need is state-of-the art broad band technology, and felt this should be
looked at.
Sandra Maggard didn’t think any concrete replacement work that might need to be done would
match the existing concrete.
ACTION: Report Received and filed.
4. DISCUSSION OF FREEDOM’S FLAME PLAZA
Councilmember Gutierrez stated we needed to come to a conclusion on the priorities for Central
Park and felt it was good to discuss this now. He stated because of parking issues and all that
has been built or planned, that there really isn’t a lot of land left. He felt it was important to use
this land as a park where kids can do activities. He stated this is why he felt Freedom’s Flame
should go some place else.
Councilmember Michael stated he has tremendous respect for those who have come up with the
idea of Freedom’s Flame and what it represents. He stated he voted to put the sign at Central
Park advertising the Freedom’s Flame monument. He didn’t think the residents want this park to
be a regional park, that they want it to be a community park. He wasn’t sure the
community would want people from all over coming to Central Park to visit this monument. He
stated we do not know what the City’s cost would be. He didn’t think a structure this large would
really fit at Central Park.
Mayor Pro Tem Williams stated she concurs with Councilmember Michael’s comments and using
the park for something that was not intended to be. She mentioned something small would be
appropriate to recognize all branches of the service that have served our country. She felt the
Freedom’s Flame would be too large and take over the park. She stated she wouldn’t endorse
any tax payer dollars going into this project unless approved by the voters. She felt this was too
early to dedicate a whole section to Central Park with not having the funds raised for this at this
time and with the City trying to move forward with the development of Central Park. She felt there
were other ways to honor those who have lost their lives in 9-11. She didn’t feel Central Park
was the right fit at this time.
Councilmember Spagnolo stated he totally disagrees with Council and didn’t think it has to do
with size, traffic, tax payers money or anything else. He stated it is not a fireman’s memorial. He
stated the Council has made up its mind and that this is a big mistake that the City will regret in
the future.
Mayor Kurth stated 9-11 was a very tragic event and seeing the site in person was very moving to
him. He didn’t feel we have unanimity in the community and amongst the Council. He stated he
felt the monument itself is very attractive, but wasn’t sure Central Park was the right spot for it.
He didn’t feel we have a Council or community that is supportive of this, and that he isn’t either at
this point. He stated we need to make a decision what we will do with this so we can move on.
James Markman, City Attorney, stated because of previous actions taken, staff will have to bring
back a resolution to repeal the prior resolutions.
Mayor Kurth opened the item for public comment. Addressing the Council was:
Jerie Lee stated everyone felt 9-11, but that we don’t need anything to remind us of that day. She
stated she is concerned about money to pay for this and also felt the kids need a place to play.
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MOTION: Moved by Williams, seconded by Gutierrez to bring back a Resolution to repeal the
previously approved Resolutions at the next meeting. Motion carried 4-1 (Spagnolo voted no).
5. UPDATE ON NAVIGATIONAL TRACKING SYSTEMS
A staff report was presented by Jack Lam, City Manager.
Councilmember Gutierrez stated he is happy that this will be considered during budget time
because he felt this was important to make us more efficient.
Mayor Pro Tem Williams felt it would be great to be able to locate people who are the closest to
an incident so they can respond faster to various situations.
Councilmember Michael felt this system should be able to interface with our police and fire
dispatch system for emergency purposes as well.
Jack Lam, City Manager, stated staff is researching this and hopes to provide additional
information about the cost during budget time.
ACTION: Report received and filed.
* * * * * *
Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING
Mayor Pro Tem Williams stated a request was made about what is being done on maximizing the
senior center and would like an update report for the next meeting.
Mayor Kurth stated he would like to discuss the feasibility of a City-wide wireless service.
* * * * * *
R. ADJOURNMENT
MOTION: Moved by Williams, seconded by Gutierrez to adjourn. Motion carried unanimously
5-0. The meeting adjourned at 11:04 p.m.
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